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State ethics probe fixes on Ashland school exec By DANI DODGE ASHLAND -- The state's ethics commission is investigating Ashland School District Business Manager Loren Luman because he used a school district dump truck to haul gravel after his road was washed out in the 1997 floods. "There appears to be substantial, objective basis to believe Loren Luman may have violated (an Oregon administrative law) when he utilized the school district's dump truck to haul rock to his residence," according to a preliminary review by the Oregon Government Standards and Practices Commission. In November, the school district employees union filed a complaint with the commission against two school district supervisors. The union alleged that Luman and maintenance foreman Bill Richardson violated state law prohibiting use of their positions for personal financial gain. After an initial review of findings Friday, the ethics commission dismissed the case against Richardson. But it said there is evidence to conduct a full investigation of the allegation against Luman. Ethics commission investigators now have 120 days to complete an investigation and present their findings to the commission. Based on the report, the commission will determine if there was a violation. If the commission finds that Luman violated the Oregon administrative law, he could face fines up to $1,000 for each violation. Luman said he was within district policy when he borrowed the dump truck. He said before he borrowed the truck, he checked with Richardson to make sure it wasn't needed for any district uses on that weekend. "I think it's coming down to a district policy issue," Luman said. "My case has to do with the fact that district policy isn't in sync with state laws in relation to access to equipment." A district policy dating back to 1980 states: "Employees will not make use of school buildings or equipment for personal use during or after working hours without the approval of the district administration." But state law requires that if school employees have access to school equipment, then the community should, too. School Superintendent John Daggett said the school district provided the commission with seven or eight affidavits from community members who said they had used school district equipment. Daggett said the school district loans out equipment five or six times a year to groups. The Oregon Shakespeare Festival has borrowed chairs, and other groups have borrowed projectors and music stands, he noted. "When (Luman's use of the dump truck) is put in context, possibly it's against the letter of the law, but it's certainly not the spirit," Daggett said. "We will just have to let it fall and learn from it." Daggett said while the written guidelines may not reflect it, the school district does have a balanced policy. "The first call is the children," he said. "Second is supporting community and staff needs that we feel are appropriate. "We've just been operating the way we have for 20 years." Daggett and Luman said the district policy is being evaluated and considered for revision. Revision of the policy is something that should have been done long ago, according to Steven Araujo, the director of field operations for Oregon School Employees Association. Araujo, who brought the complaint, said two employees tried to address the issue more than a year ago. One has since been fired and the other is in arbitration with the district over having to do work outside his job description. Araujo said the union is challenging the termination. Araujo said the union prefers to work with its employers through grievance processes, but the district ignored the allegations and refused to do a proper investigation. "They forced us to go to an outside agency," he said. "Instead of changes, we saw retribution to employees who reported it. People became afraid to report after seeing the harassment other employees received after coming forward." Daggett denied that the employees were harassed after bringing the complaints. He said the school district spent a lot of time and money trying to make things work in the maintenance department. "We've been trying to walk on eggshells to make this work," he said. He added "the termination was for something completely unrelated" to the complaints. Araujo said it's clear school district personnel should not use district equipment for personal use when it was bought with tax dollars for schoolchildren. "The employer basically purchased that equipment with public monies for public schoolchildren," Araujo said. "When you start loaning equipment out, it has to be replaced quicker, again with public money. "Basically, this is bad policy." Mail Tribune Copyright � The Mail Tribune 2000, Medford, Oregon USA